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PEOPLE v. JANKE

No. 92CA1968.

895 P.2d 1102 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Scott Kelly JANKE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 25, 1994.

Certiorari Denied June 5, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Clement P. Engle, Sr. Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Samuel Santistevan, Deputy State Public Defender, Julie Iskenderian, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge MARQUEZ.

Defendant, Scott Kelly Janke, appeals the trial court order denying his Crim.P. 35(c) motion. He argues that the trial court erred by ruling that he was barred from collaterally attacking his prior conviction under § 16-5-402, C.R.S. (1986 Repl.Vol. 8A). He contends that he is not barred by this section since he is entitled to the five-year grace period established by our supreme court in People v. Fagerholm, 768...

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